- 27 Sep 2018
- Dorothée David
The law of 1 August 2018 creating a national representative body for parents (hereinafter referred to as “the Law”) was published in Mémorial A no. 855 on 20 September 2018. The Law came into effect on 24 September 2018.
The law creates a national representative body for parents of pupils in primary, secondary and differentiated education in the Grand Duchy of Luxembourg, whose representatives are elected for a 3-year term. Within this context, the Law complements the provisions of the Labour Code on Special Leave with a new “Section 13 - Congé de représentation des parents” (Section 13 - Leave for the Parents’ Representative Body), which introduces two new articles:
- The new article L. 234-78 of the Labour Code stipulates leave of two half-days a month for parents of pupils who are members of the national school board (“commission scolaire nationale”), in order to fulfil their role. This article includes the provisions of article 56 of the modified law of 6 February 2009, organising primary education.
- The new article L. 234-79 of the Labour Code stipulates leave of eight days a year for parents of pupils who are members of the national representative body for parents, in order to fulfil their role.
In practical terms, those entitled to this leave can be absent from their workplace in the public or private sector with maintenance of their remuneration, with the following terms:
In the public sector: those who can take this leave will continue to receive their salary and enjoy the benefits associated with their role.
The term “public sector” encompasses the national government, municipalities, municipal unions, public establishments and services supervised by the national government or municipalities, semi-public bodies as well as the national railway company.
In the private sector: for each half-day of leave, those who can take this leave will be entitled to a compensatory allowance equal to half the average daily salary as defined by article L.233-14 of the Labour Code (compensatory allowance for leave not taken), where this cannot exceed four times the minimum social wage for unqualified workers (i.e. 8,194.16 Euros index 814.40).
The compensatory allowance is paid by the employer. The government refunds the employer the total compensation and the employer’s contribution to social security payments in view of an associated declaration, a template of which is defined by the competent minister.
Lastly, the Law specifies that the representatives of parents of children attending a meeting within the context of the Law are covered by the special accident insurance schemes (article 91 point 14, modified, of the Social Security Code).